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State of Michigan vs. S.W.

Charge: Felony OUIL, 3rd Offense
Court: 52-2 District Court, Clarkston

Police pulled the client over after he left a bar. The client admitted to drinking and did not perform well on the field sobriety tests. He was charged with OWIL and released. A felony warrant was then issued because officers believed he had two prior alcohol-related offenses on his record within the past 10 years.

We set to work and discovered that the prosecution had the wrong conviction date and that the client’s last OWI was more than 10 years earlier. The prosecutor agreed to let the client plead guilty for a first offense in exchange for time served and only a 30-day license suspension.

Result: Charge reduced to first offense OWI; no felony penalties incurred